TSL&A Microfilm - Roll #91
Probate Records (County or Chancery Court)
Wills Vol. 1 - 5; July 1789 - July 1904
County Court Clerk's Office
Will Book - Vol. II
May 1823 - June 1842
The last Will and Testament of Andrew Blythe who knowing that it is appointed unto all men once to die, and being weak in body but of sound mind and disposing memory, make and ordain this my last Will and Testament.
First: It is my will that all my just debts be paid by my here inafter named Executors, and to enable them to do so they are to sell my Grist and saw mills, with three, four or five acres of land around them to be run off in such a way, as if their discretion will be most to the advantage of my heirs, or procure the best price for said mills.
Second: For the same purpose they are to sell all the land I own on Smith Fork, in Smith County.
Third: If the above named property does not pay my debts, it is my will that Campbell, a negro boy about 18 years of age, be sold, should this be done, my Executors are to exercise great humanity, and caution in selecting a master.
First: I give and bequeath to my son Samuel M. Blythe, the one third part of the land I possess on the waters of Desha's Creek which lies in several tracts, he is to have his part principally out of that part of the land where he now lives, the lands is to be divided according to quantity and quality. I also give and bequeath to my son Samuel a negro boy named, George, also a negro woman by the name of Sinny and her child Michael, together with a horse, saddle and bed which he has already gotten the above land and negroes estimated at Eighteen Hundred Dollars.
2nd: I give and bequeath to my daughter Elizabeth Blythe negroes to the amount of the land and negroes, I bequeathed to my son Samuel also a horse and saddle worth One Hundred Dollars with a bed and furniture.
3rd: I give and bequeath to my son James G. Blythe one third of my before mentioned lands to be divided according to quantity and quality, also negroes to make his lands and negroes equal to what I bequeath to my son Samuel, also one horse and saddle worth one hundred dollars with a bed and furniture.
4th: It is my will that my son William Blythe, is enabled from my estate to finish a Classical and good education and that a credit account be kept by my Executors of the amount expended upon him in acquiring said education, at the end of which time he is to receive negroes, to the amount of the bequeathment made to my daughter Elizabeth, after deducting therefrom the sum which may have been expended on him in acquiring his education. Also a horse and saddle worth one hundred dollars with a bed and furniture.
5th: I give and bequeath unto my son Andrew Blythe, the one third of my before mentioned land which he is to possess at the death on or the marriage of my beloved wife Martha Blythe, and not before, his one third is to embrace my dwelling house, and be laid off according to quantity and quality, also negroes to make his lands and negroes equal to what I bequeath my son Samuel and James, he also is to have a good English education, a horse and saddle worth one hundred dollars with a bed and furniture.
6th: I give and bequeath to my beloved wife Martha, my negro girl Ann, which she is to have in her own right, to dispose of at her discretion amongst my children, at her death. She is also to have other negroes (including Ann) to the same amount of the bequeathment made to my daughter Elizabeth during her natural life, and at her death, they are to be equally divided between my before mentioned children.
I further give and bequeath, to my beloved wife, during her natural life or widowhood, the one third part of my before recited lands, including my dwelling house with my farming utensils, household and kitchen furniture, together with my stock, and every description of property, which I possess both real and personal, which has not before been bequeathed during her natural life or widowhood, then to be equally divided amongst five above mentioned children.
7th: It is my further will, if the land and negroes, I have bequeathed my son Samuel, and all my other children, may be found more that my estate will be able to pay, to my beloved wife and younger children, in that event, the older children are to refund so as to make the youngest child equal to the oldest child when he comes of age.
8th: It is my wish and will, that my old servants, Michiel and Celia, be gently dealt with by all my children. It is my will and wish that my wife, and my old friend Joseph Robb, my son Samuel M. Blythe, and Samuel K. Blythe, be appointed to execute this my last Will and Testament which I have made and signed, after hearing it twice read. This 4th day of November 1829. Andrew Blythe (Seal)
Signed in the presence of:
Samuel M. Blythe
S. K. Blythe
State of Tennessee, Sumner County Court Feby Term 1830.
The last Will and Testament of Andrew Blythe dec'd was exhibited in open Court for probate and was duly proved agreeable to Law by the oath of Samuel M. Blythe, and S. K. Blythe, two of the subscribing witnesses thereto and ordered to be recorded, thereupon Martha Blythe the Executrix and two of the Executors therein named, appeared in Court and agreed to take upon themselves the execution thereof, and together with Joseph Robb and Alfred H. Douglass their securities entered into and acknowledged their bond to the Governor in the sum of Twenty Thousand dollars, conditioned as the Law directs, and took the oath of Executor prescribed by law. Joseph Robb the other Executor having appeared in Court and renounced as such.
A Copy Test - A. H. Douglass, Clerk of said Court